CGMP International Migration Laws & Policies 3 — Questions and Answers
Question 1: The Global Compact for Safe, Orderly and Regular Migration (GCM), adopted in 2018, is best characterized as:
- A legally binding international treaty
- A non-binding intergovernmental agreement with 23 objectives (Correct answer)
- An amendment to the 1951 Refugee Convention
- A bilateral migration management framework
Correct answer: A non-binding intergovernmental agreement with 23 objectives
The GCM is a non-binding, politically endorsed framework adopted by the UN General Assembly in 2018, comprising 23 objectives to improve all aspects of international migration governance.
Question 2: Which ILO Convention specifically protects migrant workers from conditions of work inferior to those applied to nationals?
- ILO Convention No. 97 (Migration for Employment)
- ILO Convention No. 143 (Migrant Workers, Supplementary Provisions)
- ILO Convention No. 189 (Domestic Workers)
- Both Conventions 97 and 143 (Correct answer)
Correct answer: Both Conventions 97 and 143
ILO Conventions No. 97 and No. 143 together provide a framework ensuring migrant workers receive treatment no less favorable than nationals regarding employment conditions, social security, and trade union rights.
Question 3: In US immigration law, which doctrine allows immigration courts to deny relief to asylum seekers who committed serious crimes before entering the US?
- Particularly serious crime bar (Correct answer)
- Safe third country rule
- Expedited removal
- One-year filing deadline
Correct answer: Particularly serious crime bar
The 'particularly serious crime' bar under INA §208(b)(2)(A)(ii) disqualifies individuals convicted of particularly serious crimes from receiving asylum, even if they otherwise qualify as refugees.
Question 4: The Palermo Protocol (2000) requires states parties to criminalize human trafficking and includes provisions for:
- Automatic deportation of all trafficking victims
- Victim identification, protection, and assistance alongside prosecution obligations (Correct answer)
- Open borders for documented labor migrants
- Mandatory refugee status for trafficking survivors
Correct answer: Victim identification, protection, and assistance alongside prosecution obligations
The Protocol to Prevent, Suppress and Punish Trafficking in Persons (Palermo Protocol) adopts a 3P framework—Prevention, Protection of victims, and Prosecution of traffickers—requiring states to assist and protect identified victims.
Question 5: Which concept describes a state's obligation to examine the individual circumstances of each migrant before making a removal decision?
- Mass expulsion prohibition
- Individualized assessment (Correct answer)
- Collective expulsion ban
- Humanitarian stay
Correct answer: Individualized assessment
Individualized assessment requires authorities to consider the specific personal circumstances, risks, and rights of each person before removal, reflecting obligations under human rights law and the non-refoulement principle.
Question 6: Under the USCIS definition, a 'national interest waiver' (NIW) in EB-2 petitions requires demonstrating that the work is in:
- The interest of any US employer sponsoring the petition
- The substantial merit, national importance, and that the petitioner is well positioned to advance the endeavor (Correct answer)
- Compliance with a PERM labor certification
- An occupation on the Schedule A shortage list
Correct answer: The substantial merit, national importance, and that the petitioner is well positioned to advance the endeavor
Following the Matter of Dhanasar (2016) framework, NIW applicants must show their work has substantial merit and national importance and that waiving the job offer requirement would benefit the US.
Question 7: Which regional migration framework governs free movement of persons among West African states?
- COMESA Free Movement Protocol
- ECOWAS Protocol on Free Movement of Persons (Correct answer)
- SADC Protocol on Facilitation of Movement of Persons
- AU Migration Policy Framework for Africa
Correct answer: ECOWAS Protocol on Free Movement of Persons
The ECOWAS Protocol on Free Movement of Persons, Right of Residence and Establishment (1979, supplemented by 1986 and 1990 protocols) grants citizens of ECOWAS member states the right to enter, reside, and work in other member states.
CGMP International Migration Laws & Policies 3
The Global Compact for Safe, Orderly and Regular Migration (GCM), adopted in 2018, is best characterized as: